Enviromental Lawsss

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 13

Q. What is Noise Pollution?

The word noise is derived from the Latin word ‘Nausea’, which means sickness in which one feels the
need to vomit. Noise is the unpleasant and undesirable sound which leads to discomfort in human
beings. The intensity of sound is measured in decibels (dB). The faintest sound that the human ear can
hear is 1 Db. Due to increasing noise around the civilizations, noise pollution has become a matter of
concern. Some of its major causes are vehicles, aircraft, industrial machines, loudspeakers, crackers, etc.
When used at high volume, some other appliances also contribute to noise pollution, like television,
transistor, radio, etc.

Types of Noise Pollution

Following are the three types of pollution:


 Transport Noise
 Neighbourhood Noise
 Industrial Noise

Transport Noise

It mainly consists of traffic noise which has increased in recent years with the increase in the number of
vehicles. The increase in noise pollution leads to deafening of older people, headache, hypertension, etc.

Neighbourhood Noise

The noise from gadgets, household utensils etc. Some of the main sources are musical instruments,
transistors, loudspeakers, etc.

Industrial Noise

It is the high-intensity sound which is caused by heavy industrial machines. According to many
researches, industrial noise pollution damages the hearing ability to around 20%.

Causes and Sources of Noise Pollution


Following are the causes and sources of noise pollution:
 Industrialisation: Industrialisation has led to an increase in noise pollution as the use of heavy
machinery such as generators, mills, huge exhaust fans are used, resulting in the production of
unwanted noise.
 Vehicles: Increased number of vehicles on the roads are the second reason for noise pollution.
 Events: Weddings, public gatherings involve loudspeakers to play music resulting in the
production of unwanted noise in the neighbourhood.
 Construction sites: Mining, construction of buildings, etc add to the noise pollution.

Causing Public Nuisance: Creating noise is considered to be a public nuisance when you cause
any injury, danger or annoyance to the public . For example, if your neighbour plays a sound
system at midnight very loudly, then this is a public nuisance.
The punishment for such nuisance is a fine up to Rs. 200.2 If you continue to make noise even
after the Court directs you to stop the noise, the punishment is jail time up to 6 months along with
a fine.3.

Causing Environmental Pollution

Since noise pollution causes significant harm to the environment and surroundings, it is taken
seriously under the law. For example, if the construction noise of a building is making it hard for
you to live, then this is a form of noise pollution.

The punishment for this offence is jail time up to five years and/or a fine up to Rs. 1 Lakh.4

If the noise pollution continues, then you may be punished with an additional fine of Rs. 5000 for
every day the pollution happens. If the noise continues for more than a year despite orders to stop
it, then you may be punished with jail time up to 7 years.5

Q. Water Prevention and Control of Pollution Act, 1974

An Act to provide for the prevention and control of water pollution and the
maintaining or restoring of wholesomeness of water for the establishment, with a
view to carrying out the purposes aforesaid, of Boards for the prevention and control
of water pollution, for conferring on and assigning to such Boards powers and
functions relating thereto and for matters connected therewith.

This Act came into force on 23 March, 1974. It applies in the first instance to the
whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu
and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West
Bengal and the Union Territories; and it shall apply to such other State which adopts
this Act by resolution passed in that behalf under clause (1) of article 252 of the
Constitution.

It shall come into force at once in the States of Assam, Bihar, Gujarat, Haryana,
Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
Rajasthan, Tripura and West Bengal and in the Union Territories, and in any other
State which adopts this Act under clause (1) of article 252 of the Constitution on the
date of such adoption and any reference in this Act to the commencement of this Act
shall, in relation to any State or Union Territory, means the date on which thiscomes into force in such
State or Union Territory.

The Water Act was enacted by Parliament Act, 1974 purpose to provide for the
prevention of control of water pollution and the maintaining or restoring of
wholesomeness of water. The Act was amended in the years 1978 and 1988.
These are total 8 chapters and 64 Sections. Water pollution is defined as ‘such
contamination of water, or such alteration of physical, chemical or biological
properties of water, or such discharge as is likely to cause a nuisance or render the
water harmful or injurious to public health and safety or harmful for any other use or
to aquatic plants and other organism or animal life’. As one day, it is applicable in all
the states of India. The relevant provisions of this and are given as below:

Under Section 16: Functions of Central Board:

1. Subject to the provisions of this Act, the main function of the Central Board shall
be to promote cleanliness of streams and wells in different areas of the States

2. In particular and without prejudice to the generality of the foregoing function, the
Central Board may perform all or any of the following functions, namely.

(a) Advise the Central Government on any matter concerning the prevention and
control of water pollution;

(b) Coordinate the activities of the State Boards and resolve disputes among them;

(c) Provide technical assistance and guidance to the State Boards, carry out and
sponsor investigations and research relating to problems of water pollution and
prevention, control or abatement of water pollution;

(d) Plan and organise the training of persons engaged or to be engaged in programs
for the prevention, control or abatement of water pollution on such terms and
conditions as the Central Board may specify;

(e) Organise through mass media a comprehensive programme regarding the


prevention and control of water pollution;

(f) Collect, compile and publish technical and statistical data relating to water
pollution and the measures devised for its effective prevention and control and
prepare manuals, codes or guides relating to treatment and disposal of sewage and
trade effluents and disseminate information connected therewith;

(g) Lay down, modify or annul, in consultation with the State Government concerned,
the standards for a stream or well: Provided that different standards may be laid
down for the same stream or well or for different streams or wells, having regard to
the quality of water, flow characteristics of the stream or well and the nature of the
use of the water in such stream or well or streams or wells;

(h) Plan and cause to be executed a nation-wide programme for the prevention,
control or abatement of water pollution;

(i) Perform such other functions as may be prescribed.

3. The Board may establish or recognise a laboratory or laboratories to enable the


Board to perform its functions under this section efficiently, including the analysis of
samples of water from any stream or well or of samples of any sewage or trade
effluents.
Under Section 17: Functions of State Board:
1. Subject to the provisions of this Act, the functions of a State Board shall be:

(a) To plan a comprehensive programme for the prevention, control or abatement of


pollution of streams and wells in the State and to secure the execution thereof;

(b) To advise the State Government on any matter concerning the prevention,
control or abatement of water pollution;

(c) To collect and disseminate information relating to water pollution and the
prevention, control or abatement thereof;

(d) To encourage, conduct and participate in investigations and research relating to


problems of water pollution and prevention, control or abatement of water pollution;

(e) To collaborate with the Central Board in organising the training of persons
engaged or to be engaged in programmes relating to prevention, control or
abatement of water pollution and to organise mass education programmes relating
thereto;

(f) To inspect sewage or trade effluents, works and plants for the treatment or
sewage and trade effluents and to review plans, specifications or other data relating
to plants set up for the treatment of water, works for the purification thereof and the
system for the disposal of sewage or trade effluents or in connection with the grant of
any consent as required by this Act;

(g) Tay down, modify or annul effluent standards for the sewage and trade effluents
and for the quality of receiving waters (not being water in an inter-State stream)
resulting from the discharge of effluents and to classify waters of the State;

(h) To evolve economical and reliable methods of treatment of sewage and trade
effluents, having regard to the peculiar conditions of soils, climate and water
resources of different regions and more specially the prevailing flow characteristics
of water in streams and wells which render it impossible to attain even the minimum
degree of dilution;

(i) To evolve methods of utilisation of sewage and suitable trade effluents in


agriculture;

(j) To evolve efficient methods of disposal of sewage and trade effluents on land, as
are necessary on account of the pre-dominant conditions of scant stream flows that
do not provide for major part of the year the minimum degree of dilution;

(k) To lay down standards of treatment of sewage and trade effluents to be


discharged into any particular stream taking into account the minimum fair weather
dilution available in that stream and the tolerance limits of pollution permissible in the
water of the stream, after the discharge of such effluents;

(l) To make, vary or revoke any order —


For the prevention, control or abatement of discharge of waste into streams or
wells;
Requiring any person concerned to construct new systems for the disposal of
sewage and trade effluents or to modify, alter or extend any such existing system or
to adopt such remedial measures as are necessary to prevent control or abate water
pollution;

(m) To lay down effluent standards to be complied with by persons while causing
discharge of sewage or sullage or both and to lay down, modify or annul effluent
standards for the sewage and trade effluents;

(n) To advice the State Government with respect to the location of any industry the
carrying on of which is likely to pollute a stream or well;
(o) To perform such other functions as may be prescribed or as may, from time-totime be entrusted to it
by the Central Board or the State Government.

2. The Board may establish or recognise a laboratory or laboratories to enable the


Board to perform its functions under this section efficiently, including the analysis of
samples of water from any stream or well or of samples of any sewage or trade
effluents.

Under Section 18: Powers to Give Directions:


In the performance of its functions under this Act:

(a) The Central Board shall be bound by such directions in writing the Central
Government may give to it; and

(b) Every State Board shall be bound by such directions in writing as the Central
Government or the State Government may give to it:

Under Section 19:


The entire National Capital Territory of Delhi has been declared as water pollution
prevention control area.

Under Section 21:


Officials of DPCC can take samples of the water effluent from any industry stream or
well or sewage sample for the purpose of analysis.

Under Section 23:


Officials of the state boards can enter any premises for the purpose of examining
any plant, record, register etc. or any of the functions of the Board entrusted to him.

Under Section 24:


No person shall discharge any poisonous, noxious or any polluting matter into any
stream, or well or sewer or on land.

Under Section 25:


No person shall without the previous consent to establish shall.

(a) Establish or take any step to establish any industry, operation or process or any
treatment and disposal system for any extension or addition thereto, which is likely to
discharge sewage or trade effluent into a stream or well or sewer or on land or
(b) Bring into use any new or altered outlet for the discharge of sewage or
(c) Begin to make any new discharge of sewage.
Under this Section the state board may grant consent to the industry after satisfying
itself on pollution control measures taken by the unit or refuse such consent for
reasons to be recorded in writing.

Under Section 27:


A state board may from time-to-time review any condition imposed by it on the
person under Sections 25 and 26 and may vary or revoke that condition.

Under Section 28:


Any person aggrieved by the order made by the State Board under Sections 25, 26
or Section 27 may within thirty days from the date on which the order is
communicated to him, prefer an appeal to such authority (referred to as the appellate
authority) as the State Govt, may think fit to constitute (in case of NCT of Delhi
Appellate authority under this Section is Financial Commissioner, Delhi
Administration).

Under Section 33:


The State Board can direct any person who is likely to cause or has cause the
pollution of water in street or well to desist from taking such action as is likely to
cause its pollution or to remove such matters as specified by the Board through
court.

Under Section 33A:


DPCC can issue any directions to any person, officer or authority, and such person,
officer or authority shall be bound to comply with such directions. The direction
includes the power to direct:

(i) The closure, prohibition of any industry.


(ii) Stoppage or regulations of supply of electricity, water or any other services.

Under Section 43:


Whoever contravenes the provisions of Section 24 shall be punishable with
imprisonment for a term which shall not be less than one year and six months but
which may extend to six years with fine.

Under Section 45:


If any who has been convicted of any offence under Section 24, or Section 25 or
Section 26 is again found guilty of an offence involving a contravention of the same
provison shall be on the second and on every subsequent conviction be punishable
with imprisonment for a term which shall not less than two years but which may
extend to seven years with fine.

Under Section 45 A:
Whoever contravenes any of the provisions of this act or fails to comply with any
order or direction given under this act, for which no penalty has been elsewhere
provided in this Act, shall be punishable with imprisonment which may extend to
three months or with fine which may extend to ten thousand rupees or with both.

Q. Air Prevention and Control of Pollution Act 1981

The Air Prevention and Control of Pollution Act 1981 is an Act of the Parliament of India. It was enacted
to prevent and control air pollution in the country. The Act established the Central Pollution Control
Board (CPCB) and State Pollution Control Boards (SPCBs). The CPCB and SPCBs work to implement
the provisions of the Act. The Act also prohibits the emission of air pollutants from various sources.

Objectives of the Air Prevention and Control of Pollution Act 1981


o To provide for the prevention, control, and reduction of air pollution.
o To provide for the establishment of central and State Boards to implement the Act.
o To confer on the Boards the powers to implement the provisions of the Act and assign to the
Boards functions relating to pollution.

Need for Air Prevention and Control of Pollution Act 1981


o The idea for a global conference to discuss and stop pollution and the deterioration of natural
resources was first put forth to the United Nations by Sweden.
o Therefore, the United Nations Conference on the Human Environment was held in Stockholm in
June 1972 due to the General Assembly passing Resolution 2398. It was decided at this
conference that the nations would take action to protect the natural resources, including air.
o As a result, the Indian government passed specific laws under Article 253 of the Indian
Constitution to preserve natural resources. The Air (Prevention and Control of Pollution) Act of
1981 was passed for air conservation.
o The Preamble of the Act states that the purpose of the Act is to prevent, control, and reduce air
pollution and that it is the responsibility of the Boards established by the Act to carry out these
purposes.

Scope of Air Prevention and Control of Pollution Act 1981


The Air Prevention and Control of Pollution Act 1981 is a comprehensive piece of legislation. It covers
all aspects of air pollution control in India. It covers all air pollutants, including particulate matter,
gaseous pollutants, and odors.

Boards Set up Under Air Act


Certain central and state boards are set up under this act to prevent and control air pollution.
Central Pollution Control Board (CPCB)
o It is a statutory organisation founded in 1974 under section 3 of the Water (Prevention and
Control of Pollution) Act 1974.
o The primary responsibility of the CPCB is to advise the Central Government on all issues
regarding the prevention, mitigation, and control of water and air pollution, as well as the
enhancement of air quality.
State Pollution Control Boards (SPCBs)
o The State Board for the Prevention and Control of Air Pollution established under Section 5 of
this Act shall be deemed the State Board for any State where the Water (Prevention and Control
of Pollution) Act of 1974 is in effect. The State Government has established for that State a State
Pollution Control Board under section 4 of that Act.
o Accordingly, the State Pollution Control Board shall, without affecting the exercise and
performance of its powers.
Central Board to exercise the powers and perform the functions of a State Board in the Union
territories.
o No State Board shall be established for a Union territory, and the Central Board shall, concerning
a Union territory, exercise the powers and carry out the duties of a State Board under this Act for
that Union territory.
o The Central Board may assign all or any of its powers and duties under this section to any person
or group of persons that the Central Government may specify concerning any Union territory.

Powers and Functions of Central Board


The main functions of the Central Board shall be to improve the quality of air and to prevent, control, or
abate air pollution in the country and in particular, and without prejudice to the generality of the foregoing
functions, the Central Board may:

 Advise the Central Government on any matter concerning the improvement of the quality of air
and the prevention, control, or abatement of air pollution;
 Plan and cause to be executed a nationwide programme for the prevention, control, or abatement
of air pollution;
 Co-ordinate the activities of the State and resolve disputes among them;
 Provide technical assistance and guidance to the State Boards. Carry out and sponsor
investigations and research relating to problems of air pollution and prevention, control, or
abatement of air pollution;
 Plan and organise the training of persons engaged or to be engaged in programmes for the
prevention, control, or abatement of air pollution on such terms and conditions as the Central
Board may specify;
 Organise through mass media a comprehensive programme regarding the prevention, control, or
abatement of air pollution;
 Collect, compile, and publish technical and statistical data relating to air pollution and the
measures devised for its effective prevention, control, or abatement and prepare manuals, codes,
or guides relating to the prevention, control, or reduction of air pollution;
 Lay down standards for air quality; (i) collect and disseminate information regarding matters
relating to air pollution.
 The Central Board may establish or recognise a laboratory to enable it to perform its functions
under this section efficiently.
 The central may delegate any of its functions under this Act generally or especially to any of the
committees appointed by it.

Important Sections under the Air Prevention and Control of Pollution Act 1981
Section 2(a) defines an “air pollutant” as any solid, liquid, or gaseous substance present in the atmosphere
in such concentration as may be or tend to be injurious to human beings or other living creatures or plants
or property or environment.
Section 2 (b) defines “air pollution” as the presence in the atmosphere of any air pollutant.
Section 2(g) set up the Central Pollution Control Board (CPCB), whose powers extended to India. To
carry out the directives of the CPCB, the act also called for the setting up of the State Pollution Control
Board (SPCB) for the individual states of India.

Offences Related To Air Pollution And Their Punishments

Crime: Causing air pollution beyond air quality limits.


Law: The law bans industries from releasing any air pollutants more than the limits the State Pollution
Control Board has laid down (Act, 1981). If they do, the person in charge of the establishment has to
immediately notify the State Pollution Control Board (Act, 1981).
They have to pay for any corrective measures that the agencies undertake to reduce the impact of such
harmful emissions (Act, 1981) as per the polluter pays principle.
Punishment: The concerned State Pollution Control Board can make an application to a Court (not below
a Metropolitan Magistrate or a Judicial Magistrate of the First Class) for restraining the offender from
emitting the air pollutant (Act, 1981). The polluter will have to reimburse the costs (plus the interest the
State departments have to bear to control the pollution.

Crime: An industrial plant is set up or operated without proper permission.


Law: It is a crime for an industrial plant to be set up or operate without the proper permission from the
State Pollution Control Board (Act, 1981) or exceed the allowed emission limits (Act, 1981) or the proper
pollution control equipment (Act, 1981).
Punishment: The punishment is jail time of one and a half years to 6 years, along with a fine ( Act,
1981). If the violation continues, then an added fine of ₹5,000 (maximum) can also be imposed for each
day it continues.
If such failure continues for more than a year, then the offender can be punished with jail time for 2 to 7
years, with a fine ( Act, 1981).

Crime: Use of vehicle in an unsafe condition.


Law: If a vehicle is driven in a public place, which violates the standards laid down in relation to noise
and air pollution, it is a punishable offence.
Punishment: The punishment is a fine of ₹1,000 for a first offence and ₹2,000 for a second offence.
Crime: Violation of PUC Certificate.
Law: A person using a motor vehicle will be fined if they are not carrying a valid PUC (Pollution Under
Control) certificate issued by the Ministry of Road, Transport and Highways.
Punishment: The punishment is a fine of ₹10,000
Crime: Environmental pollution: pollution of air, water or land
Law: Violation of any provision of the Environmental Protection Act, 1986, i.e pollution of air, water or
land or any harm to the environment, is a crime.
Punishment: The punishment is jail time up to 5 years, along with a fine that may extend to ₹1,00,000.
Continued failure to comply with the law will lead to an additional fine of ₹5,000 for every day of non-
compliance.

Crime: Releasing harmful pollutants into the environment.


Law: Releasing harmful pollutants into the environment forms part of the offence of public nuisance as
they make the air toxic and are injurious to the health of people. Even smoking in public places is
considered to be a crime of public nuisance.
Punishment: The punishment is a fine of ₹500.

Crime: Engaging in activities that are harmful to the health and physical comfort of the
community.
Law: Operating industries and other processes that release air pollutants causing harmful health issues as
well as discomfort to the people is an offence. This includes any conduct of any such trade or business
that is harmful and causes imminent danger to the health of the people and threatens their physical
discomfort.
Punishment: A Magistrate can pass an order 15 for removal of a nuisance to stop such activitie

Q. Wildlife Protection Act, 1972


This Act provides for the protection of the country’s wild animals, birds, and plant species, in order to
ensure environmental and ecological security. Among other things, the Act lays down restrictions on
hunting many animal species. The Act was last amended in the year 2006. An Amendment bill was
introduced in the Rajya Sabha in 2013 and referred to a Standing Committee, but it was withdrawn in
2015.

Constitutional Provisions for the Wildlife Act

Article 48A of the Constitution of India directs the State to protect and improve the environment and
safeguard wildlife and forests. This article was added to the Constitution by the 42nd Amendment in
1976.

Article 51A imposes certain fundamental duties for the people of India. One of them is to protect and
improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for
living creatures.

Salient Features of Wildlife Protection Act


Authorities: Section 3 of the law empowers the federal government to appoint a manager with resources, chief
Conservation Officer and other officers and staff.
In addition, Section 4 gives authority to the state government to appoint the Asst. Director of Wildlife Preservation,
Director and other officials and employees.
Advisory Council on Wildlife: It is set up in each state or federal region to advise the state government, selection
and declaration of the sanctuary, national park, enclosed space, etc., for wildlife conservation and conservation.

Prohibition of Animal Hunting: Animal Wildlife hunting is banned. Wildlife hunting is prohibited as described in
the appendix. However, there are other exceptions. The State government may order the killing or injury of any
animal in good faith for its own protection or to protect or save again. Any animal that was killed or injured was not
a crime and shall be of government purpose. The government may allow some animals to be killed for educational
purposes.

Prohibition of Cutting/Uprooting Specified Plants: By notification, the State government can declare any area of
forest or lake as a sanctuary if it is considered a suitable place for wildlife conservation and conservation. It follows
the prohibition of Cutting/Uprooting Specified Plants.

National Parks: By notification, the State government may state, whether the subject of the sanctuary or not,
should, for environmental reasons or other reasons, be established as a part of the national park for the purpose of
protection, propagation or development of wildlife.

Recognition of zoos:
No shelter should be operated without the knowledge of the authorities. The animal shelter shall not be provided if
the authority, for the sake of animal protection and conservation and the principles, norms and other factors that may
be listed, is satisfied that such support may be provided. The authority must own or transfer any notification of the
wildlife described in this law by prior authorization. It is forbidden to mock, molest, injure or feed animals or disturb
animals by noise, or anything else or throw rubbish on the ground.

Prohibition of Hunting: All wildlife, animals, and trophies will be the property of the state government. No one has
the right to hunt wild animals. No one, without the prior written permission of the Chief Wildlife Warden or the
Authorised Officer, owns, possesses, or controls, or submits to, any person, or by gift, sale or otherwise, or by
destruction or damage. The sale of trophies and unlicensed animals is prohibited.

Government Property: Anyone authorised under this Act has the right to enter, inspect, detain and occupy any
building. He can stop a car or a vessel. He has the right to enter any premises. Furthermore, he can hold any captive
animal—wild animal, animal, animal, trophy or untreated trophy or any specified plant or part of its system.

Penalties: (Section 51 of the Wildlife Protection Act): If the offences committed in connection with the animal
described in Schedule-I or Part-II of Schedule-II where the offence was related to hunting in the sanctuary or a
national park or exchange in the territory of a sanctuary or a national park, such an offence shall be punishable by
imprisonment not less than three years but up to seven years and a fine not exceeding ten thousand rupees.

Wild Life Protection Act, Schedules:


 Schedule 1 – Protection to Endangered species, from hunting and poaching, unless the animal posses’
threat to Human lives. Strict penalties and punishment to offenders
 Schedule 2 – Protection of animals from hunting and poaching, for the purposes of trading
 Schedule 3 – Protection of animals not considered endangered, in this schedule penalities and punishments
are not as harsh as Schedule 1 & 2
 Schedule 4 – Same as Schedule 3
 Schedule 5 – Vermins (common crows, fruit bats, rats, and mice) that can be hunted, as they are carriers of
diseases. Section 62, of the Act, gives government power to declare an animal a Vermin. It is done when an
animal is considered dangerous for humans or crops
 Schedule 6 – Restricted plants that require specific permission for cultivating
Protected Areas under the Wildlife Protection Act

There are two types of protected areas as provided under the Act. They are described below.

1. Sanctuaries: “Sanctuary is a place of refuge where injured, abandoned, and abused wildlife is
allowed to live in peace in their natural environment without any human intervention.”

1. They are naturally-occurring areas where endangered species are protected from poaching,
hunting, and predation.
2. Here, animals are not bred for commercial exploitation.
3. The species are protected from any sort of disturbance.
4. Animals are not allowed to be captured or killed inside the sanctuaries.
5. A wildlife sanctuary is declared by the State government by a Notification. Boundaries can be
altered by a Resolution of the State Legislature.
6. Human activities such as timber harvesting, collecting minor forest products, and private
ownership rights are permitted as long as they do not interfere with the animals’ well-
being. Limited human activity is permitted.
7. They are open to the general public. But people are not allowed unescorted. There are restrictions
as to who can enter and/or reside within the limits of the sanctuary. Only public servants (and
his/her family), persons who own immovable property inside, etc. are allowed. People using the
highways which pass through sanctuaries are also allowed inside.
8. Boundaries of sanctuaries are not generally fixed and defined.
9. Biologists and researchers are permitted inside so that they can study the area and its inhabitants.
10. The Chief Wildlife Warden (who is the authority to control, manage and maintain all
sanctuaries) may grant permission to persons for entry or residence in the sanctuary for the study
of wildlife, scientific research, photography, the transaction of any lawful business with persons
residing inside, and tourism.
11. Sanctuaries can be upgraded to the status of a ‘National Park’.
12. Examples: Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat); Vedanthangal Bird Sanctuary in
Tamil Nadu (oldest bird sanctuary in India); Dandeli Wildlife Sanctuary (Karnataka).

2. National Parks: “National Parks are the areas that are set by the government to conserve the
natural environment.”

1. A national park has more restrictions as compared to a wildlife sanctuary.


2. National parks can be declared by the State government by Notification. No
alteration of the boundaries of a national park shall be made except on a resolution
passed by the State Legislature.
3. The main objective of a national park is to protect the natural environment of the area
and biodiversity conservation.
4. The landscape, fauna, and flora are present in their natural state in national parks.
5. Their boundaries are fixed and defined.
6. Here, no human activity is allowed.
7. Grazing of livestock and private tenurial rights are not permitted here.
8. Species mentioned in the Schedules of the Wildlife Act are not allowed to be hunted
or captured.
9. No person shall destroy, remove, or exploit any wildlife from a National Park or
destroy or damage the habitat of any wild animal or deprive any wild animal of its
habitat within a national park.
10. They cannot be downgraded to the status of a ‘sanctuary’.
11. Examples: Bandipur National Park in Karnataka; Hemis National Park in Jammu &
Kashmir; Kaziranga National Park in Assam. See more on List of National Parks in
India.

Q.Prevention of Cruelty to Animals Act, 1960


Introduction
Animals, similar to human beings, have the capability of comprehending physical and mental pain.
Therefore, they can understand the severity of any physical or mental harm that is inflicted on them. This
earth belongs to them as much as it belongs to us human beings. Thus, it is imperative that other living
creatures are allowed to live and thrive just like us.

With this vision, the Prevention of Cruelty Act, 1960 was passed; purporting to punish severely the
persons indulging in cruelty against the animals, the establishment of an animal welfare board, identifying
the acts amounting to cruelty against the animals, etc.

Objectives of the Prevention of Cruelty to Animals Act, 1960

An act to prevent the infliction of unnecessary pain or suffering on animals as well as to prevent of
cruelty to animals, it simply means that this act summarizes all the acts of unnecessary pain or act of
cruelty and ensures punishment for those who are indulged in such activities.

Salient features of the Prevention of Cruelty to Animals Act, 1960

1. Defines animals and their different kinds under this Act.


2. Ensure punishments for the act of cruelty to animals
3. Discuss different forms of cruelty, exceptions, and killing of a suffering animal from cruelty to save it
from further cruelty
4. Provisions relating to the establishment of an animal welfare board and its constitution, powers and
functions
5. Providing guidelines for the experimentation on animals for scientific purposes
6. Provisions relating to exhibition and offences against the performing animals
7. No prosecution shall lie for any offences beyond three months of such act

You might also like